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STATE v. BROWN

No. A10-1192.

801 N.W.2d 186 (2011)

STATE of Minnesota, Respondent, v. James Anthony BROWN, Jr., Appellant.

Court of Appeals of Minnesota.

June 13, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and John P. Dimich , Dimich Law Office, Grand Rapids, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender; and Gerardo Alcazar , A. Elizabeth Burnett , Special Assistant Public Defenders, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, MN, for appellant.

Considered and decided by STONEBURNER, Presiding Judge; ROSS, Judge; and STAUBER, Judge.

OPINION

STONEBURNER, Judge.

Appellant, a physically disabled individual who uses a motorized device as a substitute for walking, appeals his conviction of third-degree driving while impaired (DWI) under Minn.Stat. §§ 169A.20, subd. 1(5),.26, subd. 1(a) (2008 & Supp.2009), arguing that the motorized device he uses as a means of mobility is not a "motor vehicle" and that while operating the device he is not the driver of a motor vehicle for purposes...

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